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Common use of Waiver of Consequential and Other Damages Clause in Contracts

Waiver of Consequential and Other Damages. To the fullest extent permitted by applicable Law, no Loan Party shall assert, and each Loan Party hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of this Agreement, any other Loan Document or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Advance or the use of the proceeds thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent resulting from the gross negligence or willful misconduct by Lxxxxx, as determined by a court of competent jurisdiction by final and nonappealable judgment.

Appears in 1 contract

Samples: Credit Agreement (American Shared Hospital Services)

Waiver of Consequential and Other Damages. To the fullest extent permitted by applicable Lawlaw, no Loan Party Borrower shall assert, and each Loan Party Borrower hereby waives, any claim against any IndemniteeIndemnitee (as defined below), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of this Agreement, any other Loan Financing Document or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Advance Loan or Letter of Credit or the use of the proceeds thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Financing Documents or the transactions contemplated hereby or thereby, thereby except to the extent resulting such damages result from the gross negligence or of willful misconduct by Lxxxxx, of such Indemnitee as finally determined by a court of competent jurisdiction by final and nonappealable judgmentjurisdiction.

Appears in 1 contract

Samples: Credit and Security Agreement (Sagent Holding Co.)

Waiver of Consequential and Other Damages. To the fullest extent permitted by applicable Law, no Loan Party shall assert, and each Loan Party hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of this Agreement, any other Loan Document or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Advance or the use of the proceeds thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent resulting from the gross negligence or willful misconduct by LxxxxxLender, as determined by a court of competent jurisdiction by final and nonappealable judgment.

Appears in 1 contract

Samples: Credit Agreement (American Shared Hospital Services)

Waiver of Consequential and Other Damages. To the fullest extent permitted by applicable Law, no Loan Party shall assert, and each Loan Party hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of this Agreement, any other Loan Document or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Advance or Letter of Credit or the use of the proceeds thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, thereby except to the extent resulting from such damages arise solely out of the gross negligence or willful misconduct by Lxxxxx, of such Indemnitee as finally determined by a court of competent jurisdiction by final and nonappealable judgmentjurisdiction.

Appears in 1 contract

Samples: Credit Agreement (Greenbacker Renewable Energy Co LLC)